These Terms of Service ("Terms") are a legal agreement between you (and the business you represent) ("you" or "Customer") and Power Up CRM LLC ("Power Up CRM," "we," "us," or "our"). They cover your use of powerupcrm.com and the Power Up CRM software platform (the "Service"). By signing up for, accessing, or using the Service, you agree to these Terms and to our Privacy Policy.
1. The Service
Power Up CRM is a cloud-based customer relationship management platform that includes contact and pipeline management, email and SMS marketing automation, scheduling, and AI-assisted features. We may update, add, or remove features over time. We will not materially reduce the core functionality of your paid subscription during a billing period.
2. Accounts
- You must be at least 18 years old and able to enter into a binding contract.
- You agree to give us accurate account and billing information and to keep it up to date.
- You are responsible for all activity under your account, including activity by your team members, and for keeping your login credentials secure.
3. Subscription, Billing, and Cancellation
- Price: the Service is $99 per month (plus any applicable taxes), billed in advance. Your first payment is charged when you sign up.
- Automatic renewal: your subscription renews automatically each month, and we charge the payment method on file on each renewal date until you cancel.
- No long-term contract: you may cancel at any time from your account settings or by contacting [email protected]. Cancellation takes effect at the end of your current billing period, and you keep access until then.
- Refunds: payments are non-refundable, and we do not give refunds or credits for partial months, unused time, or downgrades, except where the law requires.
- Usage-based charges: text messaging (SMS/MMS), email sending, phone, and other usage fees are not included in the monthly subscription and are billed separately based on your usage, as described in your account.
- Price changes: we may change pricing with at least 30 days' notice. The change applies at your next renewal after the notice period.
- Failed payments: if a payment fails, we may suspend access until your balance is paid.
4. Your Data
You own the data you upload to or collect through the Service ("Customer Data"). You give us a limited license to host, process, and transmit Customer Data only as needed to provide, secure, and support the Service. You are responsible for having the right to use Customer Data and for getting any notices and consents it requires. You can export your data before canceling. After cancellation, we may delete Customer Data as described in our Privacy Policy.
5. Messaging Compliance (Email, SMS, and Calls)
You are solely responsible for the messages you send through the Service and for complying with all applicable laws and carrier rules, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing and privacy laws, CTIA Messaging Principles and Best Practices, and A2P 10DLC registration requirements. In particular, you agree to:
- Get the consent the law requires (including prior express written consent where required) before sending marketing texts or making automated calls, and keep records of that consent.
- Clearly identify your business in each message, and honor opt-out requests (such as STOP, UNSUBSCRIBE, CANCEL, END, or QUIT) promptly.
- Respond to HELP requests with your business name and contact information.
- Not send messages to people who have opted out, and not send prohibited content (for example, SHAFT content, unlawful material, or deceptive messages).
- Give accurate information for carrier and A2P 10DLC brand and campaign registration.
We may suspend messaging or your account if we reasonably believe your use violates the law or carrier rules, or puts the Service or other customers at risk.
6. SMS Messages from Power Up CRM to You
If you opt in to texts from Power Up CRM, we may send messages about your inquiry, demos, account, and (if you agreed) our products. Message frequency varies. Message and data rates may apply. Reply STOP to opt out, or HELP for help. Consent is not a condition of purchase. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we handle your mobile information.
7. Acceptable Use
You will not: (a) use the Service for unlawful, fraudulent, harassing, or deceptive purposes; (b) send spam or unsolicited messages; (c) upload malware or try to get unauthorized access to the Service or other accounts; (d) reverse engineer, resell, or sublicense the Service without our written permission; or (e) interfere with the Service's performance or security.
8. Third-Party Services
The Service may connect with third-party products such as Google Workspace, Outlook, Facebook Ads, payment processors, and messaging carriers. Your use of those products is governed by their own terms, and we are not responsible for them.
9. AI Features
AI-generated content, scores, and summaries are suggestions only and may be inaccurate. You are responsible for reviewing AI output before you use or send it.
10. Intellectual Property
We and our licensors own the Service, including its software, design, and content. Apart from the right to use the Service under these Terms during your subscription, no rights are granted to you. If you send us feedback, we may use it without any obligation to you.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee any particular business results, revenue, lead volume, deliverability, or uninterrupted or error-free operation.
12. Limitation of Liability
TO THE FULLEST EXTENT THE LAW ALLOWS, POWER UP CRM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.
13. Indemnification
You will defend, indemnify, and hold harmless Power Up CRM and its officers, members, and employees from any claims, damages, fines, and costs (including reasonable attorneys' fees) arising from your Customer Data, your messages, or your violation of these Terms or of any law, including the TCPA and CAN-SPAM.
14. Suspension and Termination
We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service in a way that creates legal or security risk. Sections that by their nature should survive termination (including 3 for amounts owed, 4, 5, and 10–16) will survive.
15. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Orange County, California, and both parties consent to their jurisdiction.
16. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms on this page and, for material changes, notify subscribers by email or in the Service at least 30 days before the changes take effect. If you keep using the Service after that, you accept the updated Terms.
17. Contact
Power Up CRM LLC
Email: [email protected]
Phone: (949) 867-6407